Causation And Responsibility
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Causation And Responsibility
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Author : Michael S. Moore
language : en
Publisher: Oxford University Press
Release Date : 2010-07-15
Causation And Responsibility written by Michael S. Moore and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-15 with Law categories.
The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
Critical Essays On Causation And Responsibility
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Author : Benedikt Kahmen
language : en
Publisher: Walter de Gruyter
Release Date : 2013-10-14
Critical Essays On Causation And Responsibility written by Benedikt Kahmen and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-14 with Philosophy categories.
Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.
Responsibility In Law And Morality
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Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 2002-04-17
Responsibility In Law And Morality written by Peter Cane and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-17 with Law categories.
Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.
The Oxford Handbook Of Causation
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Author : Helen Beebee
language : en
Publisher: Oxford Handbooks Online
Release Date : 2009-11-12
The Oxford Handbook Of Causation written by Helen Beebee and has been published by Oxford Handbooks Online this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-12 with Philosophy categories.
Causation is a central topic in many areas of philosophy, including metaphysics, epistemology, philosophy of mind, ethics, history of philosophy, and philosophy of science. Here, 37 specially written chapters provide the most comprehensive critical guide available to issues surrounding causation.
Causation In International Law
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Author : Orakhelashvili, Alexander
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-10-13
Causation In International Law written by Orakhelashvili, Alexander and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-13 with Law categories.
In this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system’s practical experience within its normative context.
Proof Of Causation In Tort Law
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Author : Sandy Steel
language : en
Publisher: Cambridge University Press
Release Date : 2015-09-11
Proof Of Causation In Tort Law written by Sandy Steel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-11 with Law categories.
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Evidential Uncertainty In Causation In Negligence
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Author : Gemma Turton
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-19
Evidential Uncertainty In Causation In Negligence written by Gemma Turton and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Causation And Free Will
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Author : Carolina Sartorio
language : en
Publisher: Oxford University Press
Release Date : 2016-03-03
Causation And Free Will written by Carolina Sartorio and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Philosophy categories.
Carolina Sartorio argues that only the actual causes of our behaviour matter to our freedom. Although this simple view of freedom clashes with most theories of responsibility, including the most prominent 'actual sequence' theories currently on offer, Sartorio argues for its truth. The key, she claims, lies in a correct understanding of the role played by causation in a view of that kind. Causation has some important features that make it a responsibility-grounding relation, and this to the success of the view. Also, when agents act freely, the actual causes are richer than they appear to be at first sight; in particular, they reflect the agents' sensitivity to reasons, where this includes both the existence of actual reasons and the absence of other (counterfactual) reasons. So acting freely requires more causes and quite complex causes, as opposed to fewer causes and simpler causes, and is compatible with those causes being deterministic. The book connects two different debates, the one on causation and the one on the problem of free will, in new and illuminating ways.
Causation In European Tort Law
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Author : Marta Infantino
language : en
Publisher: Cambridge University Press
Release Date : 2017-12-28
Causation In European Tort Law written by Marta Infantino and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-28 with Law categories.
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Causation And Responsibility
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Author : Horia Tarnovanu
language : en
Publisher:
Release Date : 2015
Causation And Responsibility written by Horia Tarnovanu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Causation categories.